ROLE OF THE COMMUNITY IN CORRECTIONS

The Philippine Constitution mandates that:

1. the “prime duty of government is to serve and protect the people” (Section 4, Article II); and
1. “the maintenance of peace and order, the protection of life, liberty and property,
and the promotion of the general welfare are essential for the enjoyment by all the
people of the blessings of democracy” (Section 5, Article II).

In the pursuit of these two mandates, the Constitution also explicitly states that: “the State shall
encourage non-governmental, community-based, or sectoral organizations to promote the
welfare of the nation” (Section 23, Article II).             From these constitutional readings, it is
very clear that the community pillar of the criminal justice system has been a constitutionally
ingrained all-important role in the administration of justice. That in the exercise of this role, the
community-based Non-Governmental Organizations and People’s Organizations are the
communities organized, are to play a crucial role in the service and protection of the people.
[67] Community involvement is a necessary crime prevention ingredient in the effective
treatment and rehabilitation of offenders. The active and serious involvement of the citizens is
essential if crime is to be substantially reduced. Public participation has to be mobilized and
energized to help the authorities in effectively addressing the law and order concerns of the local
citizenry.[68] It cannot be denied that the community as one of the pillars of the criminal justice
system is supreme among them. Among the pillars of the criminal justice system, it is the
community that has the distinction of being “primus inter pares,” or first among equals. It is not
to be forgotten that sovereignty resides in the people, and a democratic government is one that is
a government of the people, for the people and by the people.[69] Not to be forgotten too is the
fact that criminals are bred and nurtured from the ranks of the community. It is but incumbent,
therefore, that the community should be assigned bigger and greater responsibility in the
prevention of crime, resolution of crime and treatment of offenders. Truly without the active
involvement of the community, the criminal justice system would simply not work.[70]

Improving offender-family relations to improve treatment

The family is the basic unit of society. Whatever fate befell the family also befell society. If the
family is in trouble, so too, is society in trouble. If it is ruined, society is also ruined.
[71] Criminological trends worldwide unmistakably show that social services and corrections are
undergoing a paradigm shift – from the individual offender to the family of that offender as the
focus in the treatment of offenders. The family also suffers for the incarceration of a member.
Positively involving them in corrections would surely increase the success of rehabilitation and
treatment. In order to succeed in enlisting the family, however, we should not be negative-
minded invoking only the weaknesses of the family and not its strengths. In such case, progress
will not be made, but will only become an impediment to effective corrections work.[72]

For further reading on the role of the community in corrections, see pages 129 to 160, of the
book, Correctional Administration by Chief Supt (Ret.) Mercedes A. Foronda.[73]

REHABILITATION PROGRAM
Rehabilitation Program – it is an individualized community-based three pronged approach to
crime prevention and treatment of offender with Restorative Justice as its philosophical
foundation, Therapeutic Community as the treatment modality, and Volunteers as lead
community resources.[74]

a. Therapeutic Community (TC) – it is environments that help people get help while helping
others. It is a treatment environment: the interactions of its members are designed to be
therapeutic within the context of the norms that require for each to play the dual role of
client-therapist. At a given moment, one may be in a client role when receiving help or
support from others because of a problem behavior or when experiencing distress. At
another time, the same person assumes a therapist role when assisting or supporting another
person in trouble.[75]

How does TC look like?

The operation of the community itself is the task of the residents, working under staff
supervision. Work assignments, called “job functions” are arranged in a hierarchy, according to
seniority, individual progress and productivity. These include conducting all house services, such
as cooking, cleaning, kitchen service, minor repair, serving as apprentices and running all
departments, conducting meetings and peer encounter groups. The TC operates in a similar
fashion to a functional family with a hierarchical structure of older and younger members. Each
member has a defined role and responsibilities for sustaining the proper functioning of the TC.
There are sets of rules and community norms that members upon entry commit to live by and
uphold.[76]

What are the salient features of TC ?[77]

1. The primary “therapist” and teacher is the community itself, consisting of peers and staff,
who, as role models of successful personal change, serve as guides in the recovery process.
1. TC adheres to precepts of right living: Truth/honesty; Here and now; Personal
responsibility for destiny; Social responsibility (brother’s keeper); Moral Code;
Inner person is “good” but behavior can be “bad”; Change is the only certainty;
Work ethics; Self-reliance; Psychological converges with philosophical (e.g. guilt
kills).
2. It believes that TC is a place where: One can change – unfold; the group can foster
change; individuals must take responsibility; structures must accommodate this;
Act as if – go through the motion.
3. There are 5 distinct categories of activity that help promote the change:
4. Relational/Behavior Management
5. Affective/Emotional/Psychological
6. Cognitive/Intellectual
7. Spiritual
8. Psychomotor/Vocational-Survival Skills

These tools serve more than just the purpose of curbing unproductive behavior. They are also a
means used for enforcing community sanctions on behavior that undermine the safety and
integrity of the community such as violations of the cardinal rules of TC: NO drugs, NO violence
or threat of violence, NO sexual acting out and NO stealing! Everything an officer does is meant
to erase “street behavior” and to lead the offender to be committed to “right living”.

When the office gives seminars and tutorials, arranges activities focused on the Higher Power,
conducts games, educational trips and other recreational activities, we touch on the TC aspect of
Intellectual and Spiritual Dimension. Aside from the role of a direct supervisor, the VPAs may
be the invited resource persons, donors/sponsors, facilitators, lecturers, etc. during these
seminars.

The skills training and livelihood activities fall within the purview of TC’s Vocational and
Survival Skills, so with Medical/Dental Clinics and Environmental Conservation activities. In
this aspect, the VPAs can facilitate job placement and can tap community resources for client
social and physical needs. Therapeutic Community is a tool that the Administration uses to
prepare the client for reintegration to the community as a reformed, rehabilitated, productive,
drug-free and law abiding person.

RESTORATIVE JUSTICE

It is a process through which remorseful offenders accept responsibility for their misconduct,
particularly to their victims and to the community. It creates obligation to make things right
through proactive involvement of victims, ownership of the offender of the crime and the
community in search for solutions which promote repair, reconciliation and reassurance. Thus,
the restorative justice process is actively participated in by the victim, the offender, and/or any
individual or community member affected by the crime to resolve conflicts resulting from the
criminal offense, often with the help of a fair and impartial third party. Examples of restorative
process include mediation, conferencing, sentencing/support circle and the like. The restorative
outcome is the agreement obtained as a product of a restorative justice process. Examples of
restorative outcomes include restitution, community work service and any other program or
response designed to accomplish reparation of the victim, and the reintegration of the victims
and/or offenders.[78]

What are the effects of Restorative Justice as a rehabilitation program of PPA?

1. Reintegration of the offenders to the social mainstream and encouraging them to assume
active responsibility for the injuries inflicted to the victims;
1. Proactive involvement of the community to support and assist in the rehabilitation
of victims and offenders;
2. Attention to the needs of the victims, survivors and other persons affected by the
crime as participating stakeholders in the criminal justice system, rather than mere
objects or passive recipients of services of intervention that may be unwanted,
inappropriate or ineffective;
3. Healing the effects of the crime or wrongdoing suffered by the respective
stakeholders; and
4. Prevention of further commission of crime and delinquency.[79]

How is restorative justice implemented in PPA?

A. During the Investigation Stage

Information such as victims’ version of the offense, effect of victimization to their lives,
families, future, and plans, and victims’ appreciation on how the damage/harm inflicted by the
crime can be repaired and healed are gathered to serve as input in the post-sentence investigation
(PSI) or pre-parole/executive clemency investigation (PPI) reports prepared by the investigating
officer to be submitted to the Court and the Board of Pardons and Parole, respectively. These
data are vital in the conduct of restorative justice processes during the supervision phase.
Soliciting stakeholders’ interest for their introduction to the restorative process commences
during this stage.[80]

 B.  During the Supervision Stage

Restorative Justice Program is a part of the rehabilitation of the client which is incorporated in
the client’s Supervision Treatment Plan (STP). In applying the various restorative justice
processes for the client’s rehabilitation, the supervising officer observes the following points:

 The parties are brought within the program out of their own volition. Parties have the right to
seek legal advice before and after the restorative justice process;
 Before agreeing to participate in the restorative justice process, the parties are fully informed of
their rights, the nature of the process, and the possible consequences of their decision;
 Neither the victim nor the offender is induced by unfair means to participate in restorative
justice processes or outcomes;
 Discussion in restorative justice processes should be highly confidential and should not be
disclosed subsequently, except with the consent of the parties, and should not be used
against the parties involved;
 Where no agreement can be made between the parties, the case is withdrawn from the
restorative justice process; and
 In the event agreement is reached by parties, it is put in writing to give substance/essence to
the agreement. The failure to implement any provision of the agreement made in the course
of the restorative justice process is a basis for the withdrawal of the case from the program.
[81]

 What are the roles of the probation and parole officers in the implementation of Restorative
Justice?

 A Probation and Parole Officer assigned to handle investigation and supervision caseloads acts
as restorative justice planner. As such, he/she undertakes the following responsibilities:

1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case
for Peacemaking Encounter;
1. Conducts dialogue to explore the possibility of restorative justice process;
2. Coordinates/collaborates with responsible members and leaders of community for
their participation in the conference;
3. Serves as facilitator-strength in the conference;
4. Assists in healing process of stakeholders based on the Supervision Treatment
Plan; and
 5. Prepares casenotes reflective of restorative justice values and utilizing the
following points:
6. Impact of crime and effect of victimization
7. Victim inputs and involvement opportunities
8. Offender opportunity to take direct responsibility for the harm inflicted on the
victim and/or the community.

A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and issues office orders; and
1. 2. Implements and monitors plans and agreements achieved during the conference
and sets direction to realize success of the process.[82]

What are the procedural safeguards to be observed in applying the restorative justice processes
to resolve conflicts arising from the criminal offense?

1. The clients must admit the offense to be eligible for the conference, and if possible, they
should be encouraged to take full responsibility;
1. A personal visit by the Restorative Justice planner may be necessary to solicit
interest and willingness of stakeholders to participate in the restorative process;
2. The victims’ preference for the time, date and place of the meeting should be
given greatest weight;
3. Restorative Justice planners should also get in touch with community strengths to
serve as facilitator like local officials, members of the Lupon Tagapamayapa or any
responsible and respected personalities in the locality;
4. A pre-conference meeting with the selected facilitators prior to the actual conduct
of peace encounter conference should be set to carefully plan for all the details,
from the sitting arrangements and refreshments to the box of tissue papers which
incidentally would let participants know that display of emotions is okay;
5. A pre-conference meeting could likewise be arranged separately with individual
stakeholders to explain the process and other vital details of the conference;
6. The Restorative Justice planner should ensure that everyone knows how to get to
the location site of the conference;
7. Facilitators should ensure that the conference shall be conducted without
interruption in a comfortable location and shall secure the safety of all
stakeholders;
8. Stakeholders shall also be consulted relative to the composition of the panel of
facilitators. Any party may move to oppose the inclusion of persons by reason of
relationship, bias, interest or other similar grounds that may adversely affect the
process; and
9. Indigenous system of settling differences or disputes shall accordingly be
recognized and utilized to conform with the customs and tradition of that
particular cultural community.[83]

What are the Restorative Justice models that can be applied in PPA?
Peacemaking Encounter –  is a community-based gathering that brings the victim, the victimized
community, and the offender together. It supports the healing process of the victims by providing
a safe and controlled setting for them to meet and speak with the offender on a confidential and
strictly voluntary basis. It also allows the offender to learn about the impact of the crime to the
victim and his/her family, and to take direct responsibility for his/her behavior. Likewise, it
provides a chance for the victim and the offender to forge a mutually acceptable plan that
addresses the harm caused by the crime. As a community-based decision model, the Agency
Peacemaking Encounter is being implemented through the following processes:

1. Victim/Offender Mediation – a process that provides an interested victim an opportunity to

meet face-to-face his/her offender in a secured and structured setting or atmosphere, with
the help of a trained mediator, and engage in a discussion of the past offense and its impact
to his/her life. Its goal is to support the healing process of the victim and allow the offender
to learn the impact of his/her offense on the victim’s physical, emotional and financial
existence, and take direct responsibility for his/her behavior by mutually developing a
Restorative Justice plan that addresses the harm caused by the said offense.
1. Conferencing – a process which involves community of people most affected by
the crime – the victim and the offender and their families, the affected community
members and trained facilitators and community strength – in a restorative
discussion of issues and problems arising from an offense or coincidence which
affects community relationship and tranquillity. Facilitated by a trained facilitator,
the above parties are gathered at their own volition to discuss how they and
others have been harmed by the offense or conflict, and how that harm may be
repaired and broken relationship may be restored.
2. Circle of Support – a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAs) and selected
members of the community in the discussion of the offense and its impact. Within
the circle, people freely speak from the heart in a shared search for understanding
the incident, and together identify the steps necessary to assist in the
reconciliation and healing of all affected parties and prevent future crime or
conflict.

In the Agency, the circle of support is facilitated by trained Probation and Parole Officers,
Volunteer Probation Aides or selected community leaders who offered their services free of
charge to serve as facilitator or keeper. In implementing this process, the probation and parole
officer should be the facilitator who is sensitive to the needs of the victim. Likewise, the
probation and parole officer should exert effort to protect the safety and interest of the victim.
[84]

What are the outcomes or interventions which can be agreed upon during the Restorative Justice
process?

As a result of the restorative justice process, the following outcomes or interventions may be
agreed upon by parties in a Restorative Justice discussion, such as, but not limited to:

A.    Restitution
            Restitution is a process upon which the offender accepts accountability for the financial
and/or non-financial losses he/she may have caused to the victim. Restitution is a “core” victim’s
right which is very crucial in assisting the redirection of the victim’s life.   Part of the conditions
of probation as imposed by the Court is the payment of civil liability to indemnify the victim of
the offender, and to inculcate to the offender a sense of responsibility and obligation towards the
community. Consequently, the probation and parole officer should see to it that the offender
complies with this condition.

B.  Community Work Service

            Community Work Service, whether imposed as a condition of offender’s conditional

liberty or integral part of his treatment plan, should be purposely motivated to make the offender
realize that he/she incurred an obligation to make things right. In its application, the offender can
be subjected to perform work service measures, including, but not limited to any of the
following:

1. Mentoring and Intergenerational Service  – offenders will develop their nurturing needs thru
caring for other people; example: with senior citizens, with orphanages, or with street
children.
1. Economic Development – to link directly with the business project; examples:
cleaning downtown area, tree planting, maintenance of business zones, housing
restoration, garbage and waste management, cleaning of esteros, recycling,
construction, repair of streets, and the like.
2. Citizenship and Civic participation  – experiential activities which involve solving
community problems; examples: puppet shows that showcase values, street
dramas, peer counseling.
3. Helping the Disadvantaged – this will enhance offender’s self-esteem; examples:
assist handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and
hospitals.
4. Crime Prevention Project – examples: Brgy Ronda, giving testimony to the youth.

The probation and parole officer should ensure the adoption of these community work services to
facilitate the reintegration of the offender in the community.

C.  Counseling (whether individual, group or family)

            It will enhance client’s interpersonal relationship and it will help him/her become more
aware of his/her shortcomings/weaknesses. This will also help him/her overcome painful
experiences that drove him/her to commit a crime/ offense.

D. Attendance to trainings, seminars and lectures

E. Participation in education, vocation or life skills program

F. Group Therapy Session – An intervention which provides recovering drug dependents or those
with serious behavioral problems an opportunity to discuss their problems.

G.  Spiritual development session/faith-based session

H.  Submission to psychological/psychiatric assessment

I . Submission to drug test/drug dependency examination

J.  Attendance to skills training/livelihood assistance program

K.  Marital enhancement program

L.  Written or oral apology

M.  Submission to family therapy session – This session aims to develop healthy personal
relationship within the family and to establish open positive communication between family
members and significant others. Family members should be oriented in their individual
responsibilities and roles.

N.  Confinement in Drug Treatment Rehabilitation Center Including Aftercare[85]

What is volunteerism?

Volunteerism is a program of the Parole and Probation Administration (PPA) aimed at

generating maximum, effective and efficient citizen participation and community involvement in
the process of client rehabilitation, prevention of crime and the overall administration of criminal
justice.[86]

What are its advantages?

Probation and parole, as community-based treatment programs, depend on available resources in

the community for the rehabilitation of offenders. Thus, the Administration, recognizing the
important role of the community as a rehabilitation agent, involves the community in probation
and parole work through the use of volunteer workers and welfare agencies. The use of volunteer
workers in probation and parole is worth adopting because it opens new fields for community
involvement in corrections and for training youth leaders, barangay organizations, and civic
groups in social development work. The use of volunteers will also make it possible for the
correctional system to exercise supervision of offenders at less cost to the government.[87]

What are the legal bases for VPA program of the PPA?

Presidential Decree No. 968 permits the employment of Volunteer Probation Aides (VPA),
specifically under Sec 28 which states: “To assist the Provincial or City Probation Officers in the
supervision of probationers, the Probation Administrator may appoint citizens of good repute and
probity to act as probation aides. Probation Aides shall not receive any regular compensation for
services except for reasonable travel allowance. They shall hold office for such period as may be
determined by the Probation Administrator. Their qualifications and maximum case loads shall
be provided in the rules promulgated pursuant to this Decree.” On October 11, 2005, President
Gloria M. Arroyo signed Executive Order No. 468 revitalizing the VPA Program of the PPA to
strengthen community involvement and participation in crime prevention, treatment of offenders
and the administration of criminal justice. This Executive Order provides the coordination
among government agencies, non-government organizations and people’s organizations
specifically under Section 3 which states:

“The PPA shall coordinate with other government agencies, non-government organizations and
people’s organizations that are involved in developing programs related to volunteerism for the
purpose of developing programs and attaining programs impact and synergy. Specifically, the
support and cooperation of the Philippine National Volunteer Service Coordinating Agency, the
Department of the Interior and Local Government, the Philippine National Police Commission,
the Liga ng mga Barangay, the Department of Social Welfare and Development, the Department
of Justice, among others, shall be tapped for the foregoing purpose.”[88]

How do the VPAs differ with other volunteers?

VPAs differ from other volunteers in that the former perform a highly specialized supervision
service which directly have impact on the behavior of the clients. They serve as strengths and
role models in ushering the reformation and treatment of offenders who are members of their
own communities.[89]

Do VPAs replace the full-time staff of the PPA?

No, the VPAs are not intended as replacement for full-time paid staff. However, their
participation as part of a team under supervision will enhance the rehabilitation prospect of
offenders by helping them in looking for jobs, schooling, training opportunities and other
activities. Their work as volunteers will also give them a more favorable attitude toward
corrections, and they will be in a better position to exert positive influence in developing
favorable community attitudes towards the problems and needs of the offenders.[90]

What are the characteristics of VPAs?

 Give continued affection to the client, even when specific behavior is unacceptable and build on
whatever good points there are.
 Introduce new positive experiences into the client’s life.
 Be aware of the primary responsibilities to PPA and client.
 Respect confidentiality
 Honor all commitments and be on time for all appointments
 Consult with the PPA staff if in doubt on any matter.
 Keep PPA staff informed of any important change in client’s situation or of any significant
incident.
 Be a good behavior model for the client in action and word.
 Participate enthusiastically in volunteer meetings and training sessions.
 Believe that human beings can change their behavior patterns since the primary objective is to
help the client’s reentry into society.[91]

What is the term of service?

The VPA shall be appointed for two (2) years by the Administrator through the Community
Services Division and the National Screening Committee subject to renewal/revocation
thereafter, upon the recommendation of the Regional Director.[92]
What are the functions of the VPA?

1. Work in close coordination and cooperation with the Supervising Officer.

1. Keep all information about the supervisee in strict confidentiality.
2. Maintain an honest recording and monthly reporting of activities to the
Supervising Officer.
3. Devote a substantial and quality time for supervision of clients and perform the
following tasks:
4. Offer guidance and counseling
5. Act as job placement facilitator
6. Implement treatment objectives as provided for in the program of supervision
7. Refer to corresponding agencies clients with spiritual, mental, social, emotional,
economic, physical or health needs
8. Act as resource individual[93]

What  are the roles of the VPA?

The role of the VPA may be classified into two categories:

1. As Direct Supervisor who undertakes the following:

1. Supervise a maximum of five (5) clients at any given time
2. Work closely with officer-on-case and Chief Probation and Parole Officer/Officer-
in-Charge and discuss treatment plan and status of clients
3. Submit monthly accomplishment reports to officer-on-case or Chief Probation and
Parole Officer/Officer-in-Charge and other reports as may be required
4. Perform such other tasks as may be assigned by the officer-on-case or Chief
Probation and Parole Officer/Officer-in-Charge
2. As Resource Individual who acts as:
1. Resource Speaker on Volunteerism, Restorative Justice, Therapeutic Community
and other topics
2. Counselor to other clients/people who need help
3. Donor, sponsor or referring person
4. Program coordinator of client activities
5. Mediator, Restorative Justice implementor, Therapeutic Community facilitator[94]

How important are VPA organizations?

 The establishment of local and national level VPA organizations is of vital importance for
effective promotion, utilization and sustainability of the VPA program. The basic purpose of
establishing a VPA organization is to provide a support group for the individual VPA members
that can cater to their needs such as training, gathering of resources, etc., as well as those of the
clients. The vision is to have an empowered VPA organization that will eventually be able to
function independently and provide for its own needs. Most of the activities related to the
rehabilitation of clients are done at the unit level. It is therefore necessary to have a volunteer
organization at this level to foster the spirit of community membership.[95]
CHILD IN CONFLICT WITH THE LAW IN RELATION TO NON-INSTITUTIONAL
CORRECTION

PD No. 603, December 10, 1974, took effect after 6 months on June 8, 1975, amended by PD
1179, then RA No. 9344 and further amended by RA No. 10630.

Confinement of Convicted Children in Agricultural Camps and other Training Facilities

A CICL may, after conviction and upon order of the court, be made to serve his/her sentence, in
lieu of confinement in a regular penal institution, in an agricultural camp and other training
facilities that may be established, maintained, supervised and controlled by the BUCOR, in
coordination with the DSWD (Section 51, RA No. 9344).

REFERENCES:

Mercedes A. Foronda (2007). Correctional Administration (Non-Institutional Corrections).

Quezon City: Wiseman’s Books Trading.

Revised Rules and Regulation of Board of Pardon and Parole

Board of Pardons and Parole Resolution No. 24-4-10

http:probation.gov.ph

Presidential Decree No. 968

Republic Act No. 9344